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Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute.

8 FLRA No. 119
PENNSYLVANIA ARMY NATIONAL GUARD
Activity
and
Case No. 3-CU-16
PENNSYLVANIA STATE COUNCIL,
ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
Petitioner/Labor Organization
PENNSYLVANIA AIR NATIONAL GUARD
Activity
and
Case No. 3-CU-17
PENNSYLVANIA STATE COUNCIL,
ASSOCIATION OF CIVILIAN TECHNICIANS, INC.
Petitioner/Labor Organization
DECISION AND ORDER CLARIFYING UNITS
UPON PETITIONS DULY FILED WITH THE FEDERAL LABOR RELATIONS AUTHORITY
UNDER SECTION 7111(B)(2) OF THE FEDERAL SERVICE LABOR-MANAGEMENT
RELATIONS STATUTE (THE STATUTE), A CONSOLIDATED HEARING WAS HELD BEFORE
A HEARING OFFICER OF THE AUTHORITY. THE HEARING OFFICER'S RULINGS MADE
AT THE HEARING ARE FREE FROM PREJUDICIAL ERROR AND ARE HEREBY AFFIRMED.
UPON THE ENTIRE RECORD IN THIS CASE, /1/ INCLUDING THE BRIEFS FILED
BY THE PARTIES, THE AUTHORITY FINDS: /2/
CONFIDENTIAL EMPLOYEES /3/
POSITION NO. R7715000, GS-0202-05, PERSONNEL CLERK (TYPING), TPO
THE AUTHORITY FINDS THAT THE INCUMBENT IN THIS POSITION HANDLES ALL
CORRESPONDENCE ON A CONFIDENTIAL BASIS FOR THE ACTIVITIES' LABOR
RELATIONS SPECIALIST, WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES
IN THE FIELD OF LABOR-MANAGEMENT RELATIONS. ACCORDINGLY, THE AUTHORITY
FINDS THE INCUMBENT IS A CONFIDENTIAL EMPLOYEE WITHIN THE MEANING OF
SECTION 7103(A)(13) OF THE STATUTE AND MUST BE EXCLUDED FROM THE
BARGAINING UNIT.
POSITION NO. F7056000, GS-0322-04, CLERK-TYPIST
AT THE HEARING, THE PARTIES STIPULATED THAT THE DUTIES PERFORMED BY
THE INCUMBENT IN THIS POSITION ARE PURELY CLERICAL IN SUPPORT OF THE
EQUAL EMPLOYMENT OPPORTUNITY OFFICER. THIS OFFICER ROUTINELY HANDLES
CONFIDENTIAL PERSONNEL MATTERS IN SUPPORT OF THE NATIONAL GUARD BUREAU'S
EQUAL EMPLOYMENT OPPORTUNITY PROGRAM AT THE STATE LEVEL. IN FINDING
THAT THE INCUMBENT IS NOT A CONFIDENTIAL EMPLOYEE WITHIN THE MEANING OF
SECTION 7103(A)(13) OF THE STATUTE, THE AUTHORITY NOTES THAT THE RECORD
DOES NOT REFLECT THAT THE EQUAL EMPLOYMENT OPPORTUNITY OFFICER IS AN
INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE
FIELD OF LABOR-MANAGEMENT RELATIONS. SEE HEADQUARTERS, FORT SAM
HOUSTON, 5 FLRA NO. 46(1981). ACCORDINGLY, THE AUTHORITY SHALL ORDER
THAT THE INCUMBENT IN THIS POSITION BE INCLUDED IN THE BARGAINING UNIT.
POSITION NO. F7015000, GS-0301-08, ADMINISTRATIVE TECHNICIAN
THE INCUMBENTS IN THIS POSITION ARE IN FOUR DIFFERENT LOCATIONS OF
THE ACTIVITY. THE AUTHORITY FINDS THAT THESE INCUMBENTS ARE NOT
CONFIDENTIAL EMPLOYEES WITHIN THE MEANING OF THE STATUTE. WHILE THEY
COORDINATE PERSONNEL MATTERS IN CERTAIN AREAS SUCH AS TRAINING, ACTUALLY
DRAFT CERTAIN PROGRAMS WITH REGARD TO FIRE SAFETY AND CLASSIFIED
INFORMATION, AND ACT CLOSELY WITH THE BASE DETACHMENT COMMANDER, SUCH
FUNCTIONS ARE STRICTLY ADMINISTRATIVE IN NATURE. THE RECORD DOES NOT
ESTABLISH THAT THEY ACT IN A CONFIDENTIAL CAPACITY TO ANY INDIVIDUAL WHO
FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE FIELD OF
LABOR-MANAGEMENT RELATIONS. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
THE INCUMBENTS IN THIS POSITION BE INCLUDED IN THE BARGAINING UNIT.
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY /4/
EMPLOYEES IN THREE JOB CLASSIFICATIONS ARE SOUGHT TO BE EXCLUDED ON
THE BASIS OF SECTION 7112(B)(3) OF THE STATUTE AS BEING ENGAGED IN
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY.
POSITION NO. R7712000, GS-0203-05, PERSONNEL CLERK (TYPING),
PERSONNEL MANAGEMENT SECTION, TOP
THE INCUMBENT IN THIS POSITION TYPES AND MAINTAINS THE RECORDS OF
EMPLOYEE TRAINING REQUESTS AND CLASSIFICATION APPEALS, AND IN THE
ABSENCE OF SUPERVISORY PERSONNEL HAS OCCASIONALLY ANSWERED ROUTINE
QUESTIONS OF PROSPECTIVE JOB APPLICANTS. ACCORDINGLY, THE AUTHORITY
FINDS THAT THE INCUMBENT'S PERSONNEL FUNCTIONS ARE PURELY CLERICAL IN
NATURE AND SHALL ORDER THAT THAT POSITION BE INCLUDED IN THE BARGAINING
UNIT.
POSITION NO. R7713000, GS-0203-05, PERSONNEL CLERK (TYPING), EMPLOYEE
SERVICES SECTION, TPO
THE INCUMBENT IN THIS POSITION TYPES PERSONNEL REPORTS, TYPES
CORRESPONDENCE AND MAINTAINS RECORDS REGARDING PAY INCREASES,
SUSPENSIONS AND TRANSFERS, AND CONFIRMS CITATIONS TO THE FEDERAL
PERSONNEL MANUAL. ACCORDINGLY, THE AUTHORITY FINDS THAT THE INCUMBENT'S
PERSONNEL FUNCTIONS ARE PURELY CLERICAL IN NATURE AND SHALL ORDER THAT
THAT POSITION BE INCLUDED IN THE BARGAINING UNIT.
POSITION NO. R771100, GS-0203-06, PERSONNEL ASSISTANT
(ADMINISTRATIVE), EMPLOYEE SERVICES SECTION, TPO
THE TWO INCUMBENTS IN THIS POSITION PROCESS THE PAPER WORK ALREADY
COMPLETED BY THEIR SUPERVISORS WITH REGARD TO PERSONNEL ACTIONS SUCH AS
PROMOTIONS, REASSIGNMENTS, PAY ADJUSTMENTS AND RETIREMENT REQUESTS, AND
CONFIRM CITATIONS TO THE FEDERAL PERSONNEL MANUAL. ACCORDINGLY, THE
AUTHORITY FINDS THE INCUMBENTS' PERSONNEL FUNCTIONS ARE PURELY CLERICAL
IN NATURE AND SHALL ORDER THAT THAT POSITION BE INCLUDED IN THE
BARGAINING UNIT.
SUPERVISORS AND/OR MANAGEMENT OFFICIALS /5/
THE ACTIVITY CONTENDS THAT THE INCUMBENTS IN ALL OF THE FOLLOWING
POSITIONS ARE EITHER SUPERVISORS OR MANAGEMENT OFFICIALS WITHIN THE
MEANING OF THE STATUTE. IN THE LEAD CASE OF DEPARTMENT OF THE NAVY,
AUTOMATIC DATA PROCESSING SELECTION OFFICE, 7 FLRA NO. 24(1981), THE
AUTHORITY INTERPRETED THE DEFINITION OF MANAGEMENT OFFICIAL AND
CONCLUDED THAT IT INCLUDES THOSE INDIVIDUALS WHO: (1) CREATE, ESTABLISH
OR PRESCRIBE GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR AN
AGENCY; (2) DECIDE UPON OR SETTLE UPON GENERAL PRINCIPLES, PLANS OR
COURSES OF ACTION FOR AN AGENCY; OR (3) BRING ABOUT OR OBTAIN A RESULT
AS TO THE ADOPTION OF GENERAL PRINCIPLES, PLANS OR COURSES OF ACTION FOR
AN AGENCY.
POSITION NO. R6343000, WG-5801-10, GENERAL MECHANIC
THE POSITION IS LOCATED IN FOUR DIFFERENT ORGANIZATIONAL MAINTENANCE
SHOPS WITHIN THE STATE MAINTENANCE OFFICE. THE AUTHORITY FINDS THAT THE
INCUMBENTS, WHO ESTABLISH THE MONTHLY WORK SCHEDULES AND ASSIGNMENT OF
WORK TO AT LEAST TWO OTHER MECHANICS, AND WHO SPEND NINETY PERCENT OF
THEIR TIME ENGAGED IN THESE AND ALL THE ADMINISTRATIVE WORK OF THE
MAINTENANCE SHOP, ARE SUPERVISORS WITHIN THE MEANING OF THE STATUTE AND,
THEREFORE, MUST BE EXCLUDED FROM THE BARGAINING UNIT. IN VIEW OF SUCH
FINDING, IT IS CONSIDERED UNNECESSARY TO PASS UPON THE ACTIVITY'S
ADDITIONAL CONTENTION THAT THE INCUMBENTS IN THIS POSITION ARE
MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE.
POSITION NO. R7629000, GS-2005-07, SUPPLY TECHNICIAN, STOCK CONTROL
BRANCH, LOGISTICS DIVISION
THE AUTHORITY FINDS THAT THE TWO INCUMBENTS IN THESE POSITIONS WHOSE
DUTIES REVOLVE AROUND THE PROCESSING OF REQUESTS FOR SUPPLIES FROM
AVAILABLE INVENTORY, AND WHO ONLY OCCASIONALLY SHIFT WORK WITH REGARD TO
MINOR MATTERS, AND ONLY THEN WITH THE AGREEMENT OF THEIR SUPERVISORS,
ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE, AS THEIR WORK IN
THIS CONNECTION DOES NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT
JUDGMENT. FURTHER, THE AUTHORITY FINDS THE INCUMBENTS ARE NOT
MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE, AS THEY DO NOT
FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY WITHIN THE
MEANING OF SECTION 7103(A)(11) OF THE STATUTE AS THOSE TERMS ARE
INTERPRETED BY THE AUTHORITY. ACCORDINGLY, THE AUTHORITY SHALL ORDER
THAT THAT POSITION BE INCLUDED IN THE BARGAINING UNIT.
POSITION NO. R0261000, GS-2181-12, FLIGHT INSTRUCTOR (AIRCRAFT)
THE TEN INCUMBENTS IN THIS POSITION ARE LOCATED AT FORT INDIANTOWN
GAP AND FORT WASHINGTON, PENNSYLVANIA. THE AUTHORITY FINDS THAT THE
INCUMBENTS IN THIS POSITION, WHOSE DUTIES INCLUDE SERVING ONCE,
APPROXIMATELY EVERY SEVEN WEEKS, AS ACTING FACILITY COMMANDER (AFC), AND
THE EVALUATION OF AVIATORS, BUT ONLY WITH REGARD TO THE COMPLETION OF
FUNCTIONS UNDER ALREADY ESTABLISHED SCHEDULES AND INSTRUCTIONS, ARE NOT
SUPERVISORS WITHIN THE MEANING OF THE STATUTE, AS THEIR WORK DOES NOT
REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. FURTHER, THE
AUTHORITY FINDS THE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS, AS THEY DO
NOT FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY WITHIN
THE MEANING OF THE STATUTE. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
THIS POSITION BE INCLUDED IN THE BARGAINING UNIT.
POSITION NO. F143000, GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING)
THE AUTHORITY FINDS THAT THE THIRTEEN INCUMBENTS IN THIS POSITION,
WHO INSTRUCT PERSONNEL IN THE AIR NATIONAL GUARD FLYING UNIT, AND
OCCASIONALLY SERVE IN THE PLACE OF A SUPERIOR WHOSE FUNCTION IS THE
DEVELOPMENT OF THE GROUND AND AIR TRAINING PROGRAM, AND WHO NONETHELESS
SPEND APPROXIMATELY EIGHTY PERCENT OF THEIR TIME PERFORMING
SUBSTANTIALLY THE SAME DUTIES AS TECHNICIANS, ARE NOT SUPERVISORS WITHIN
THE MEANING OF THE STATUTE, AS THEIR WORK DOES NOT REQUIRE THE
CONSISTENT EXERCISE OF INDEPENDENT JUDGMENT. FURTHER, THE AUTHORITY
FINDS THE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS, AS THEY DO NOT
FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY.
ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THIS POSITION BE INCLUDED IN
THE BARGAINING UNIT.
POSITION NO. F1913000, GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING)
THE FOUR INCUMBENTS IN THIS POSITION, WHOSE DUTIES INCLUDE THE
INSPECTION OF BASE OPERATIONS TO INSURE COMPLIANCE WITH SAFETY
REGULATIONS, AND ACTING IN THE CAPACITY OF RUNWAY SUPERVISORS,
NONETHELESS SPEND THE VAST MAJORITY OF THEIR TIME PERFORMING
SUBSTANTIALLY THE SAME DUTIES AS THOSE IN THE SAME FLYING UNIT. AS
THEIR ALLEGED SUPERVISORY FUNCTIONS ARE ROUTINE IN NATURE, ARE SUBJECT
TO OVERALL SUPERVISION, AND DO NOT REQUIRE THE CONSISTENT EXERCISE OF
INDEPENDENT JUDGMENT, THE AUTHORITY FINDS THAT SUCH INCUMBENTS ARE NOT
SUPERVISORS WITHIN THE MEANING OF THE STATUTE. FURTHER, IN THE ABSENCE
OF ANY RECORD EVIDENCE TO SHOW THAT THEY FORMULATE, DETERMINE OR
INFLUENCE THE POLICIES OF THE AGENCY, THE AUTHORITY FINDS THAT THE
INCUMBENTS ARE NOT MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE
STATUTE. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT THIS POSITION BE
INCLUDED IN THE BARGAINING UNIT.
POSITION NO. F1407000, GS-2181-12, NAVIGATION (INSTRUCTOR)
THE FIVE INCUMBENTS IN THIS POSITION ASSIST THE BASE COMMANDER IN
TRAINING FLIGHTS AND POST-FLIGHT CRITIQUE, AND OCCASIONALLY SERVE IN THE
PLACE OF THE FLYING SUPERVISOR. AS THESE FUNCTIONS ARE ROUTINE IN
NATURE, SUBJECT TO CLOSE SUPERVISION, AND DO NOT REQUIRE THE CONSISTENT
EXERCISE OF INDEPENDENT JUDGMENT, THE AUTHORITY FINDS THAT THE
INCUMBENTS ARE NOT SUPERVISORS WITHIN THE MEANING OF THE STATUTE.
FURTHER, IN THE ABSENCE OF ANY RECORD EVIDENCE TO SHOW THAT THEY
FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF THE AGENCY, THE
AUTHORITY FINDS THAT THE INCUMBENTS ARE NOT MANAGEMENT OFFICIALS WITHIN
THE MEANING OF THE STATUTE. ACCORDINGLY, THE AUTHORITY SHALL ORDER THAT
THAT POSITION BE INCLUDED IN THE BARGAINING UNIT.
POSITION NO. F75-7100, GS-1702-08, TRAINING TECHNICIAN
THE INCUMBENTS IN THIS POSITION ARE ENGAGED SOLELY IN THE DEVELOPMENT
OF TRAINING REGULATIONS FOR APPROVAL OF VARIOUS LEVELS OF SUPERVISION
ABOVE THEM, AND TWICE YEARLY THEY "INSPECT" THE PROGRAMS FOR COMPLIANCE.
THE AUTHORITY FINDS THAT THE INCUMBENTS IN THIS POSITION ARE NEITHER
SUPERVISORS NOR MANAGEMENT OFFICIALS WITHIN THE MEANING OF THE STATUTE,
AS THEIR DUTIES DO NOT REQUIRE THE CONSISTENT EXERCISE OF INDEPENDENT
JUDGMENT, NOR DO THEY FORMULATE, DETERMINE OR INFLUENCE THE POLICIES OF
THE AGENCY IN THE PERFORMANCE OF THESE FUNCTIONS. ACCORDINGLY, THE
AUTHORITY SHALL ORDER THAT THAT POSITION BE INCLUDED IN THE BARGAINING
UNIT.
ORDER
IT IS HEREBY ORDERED THAT THE UNITS SOUGHT TO BE CLARIFIED HEREIN,
FOR WHICH THE PENNSYLVANIA STATE COUNCIL, ASSOCIATION OF CIVILIAN
TECHNICIANS, INC., WAS PREVIOUSLY CERTIFIED AS EXCLUSIVE REPRESENTATIVE
BE, AND THEY HEREBY ARE, CLARIFIED AS FOLLOWS:
1. THE EXCLUSIVELY RECOGNIZED UNIT OF THE PENNSYLVANIA ARMY NATIONAL
GUARD IS CLARIFIED BY INCLUDING IN SAID UNIT INCUMBENTS IN POSITION NO.
R7712000, GS-0203-05, PERSONNEL CLERK (TYPING), MANAGEMENT SECTION, TPO;
POSITION NO. R7713000, GS-0203-05, PERSONNEL CLERK (TYPING), EMPLOYEE
SERVICES SECTION; POSITION NO. R7711000, GS-0203-06, PERSONNEL
ASSISTANT (ADMINISTRATIVE), EMPLOYEE SERVICES SECTION, TPO; POSITION
NO. R7629000, GS-20005-07, SUPPLY TECHNICIAN, STOCK CONTROL BRANCH,
LOGISTICS DIVISION; AND POSITION NO. R0261000, GS-2181-12, FLIGHT
INSTRUCTOR (AIRCRAFT).
2. THE EXCLUSIVELY RECOGNIZED UNIT OF THE PENNSYLVANIA AIR NATIONAL
GUARD IS CLARIFIED BY INCLUDING IN SAID UNIT INCUMBENTS IN POSITION NO.
F7505100, GS-1702-08, TRAINING TECHNICIAN; POSITION NO. F140000,
GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING); POSITION NO. F1913000,
GS-2181-13, FLIGHT INSTRUCTOR (FIXED WING); POSITION NO. F1407000,
GS-2181-12, NAVIGATION (INSTRUCTOR); POSITION NO. F7056000, GS-0322-04,
CLERK-TYPIST; AND POSITION NO. F7015000, GS-0301-08, ADMINISTRATIVE
TECHNICIAN.
IT IS HEREBY FURTHER ORDERED THAT, WITH RESPECT TO ALL OTHER
POSITIONS SOUGHT TO BE INCLUDED, BUT WHICH THE AUTHORITY HAS FOUND MUST
BE EXCLUDED FROM THE BARGAINING UNITS, THE PETITIONS IN CASE NOS.
3-CU-16 AND 3-CU-17 BE, AND THEY HEREBY ARE, DISMISSED.
ISSUED, WASHINGTON, D.C., MAY 20, 1982.
RONALD W. HAUGHTON, CHAIRMAN
HENRY B. FRAZIER III, MEMBER
LEON B. APPLEWHAITE, MEMBER
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ THE PETITIONER WAS CERTIFIED ON MARCH 15, 1971, AS THE EXCLUSIVE
REPRESENTATIVE OF A UNIT WITHIN THE PENNSYLVANIA ARMY NATIONAL GUARD
CONSISTING OF ALL WAGE BOARD AND GENERAL SCHEDULE ARMY NATIONAL GUARD
TECHNICIANS IN THE STATE OF PENNSYLVANIA, EXCLUDING ALL EMPLOYEES
ENGAGED IN FEDERAL PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL
CAPACITY, PROFESSIONALS, MANAGEMENT OFFICIALS, SUPERVISORS AND GUARDS,
AS DEFINED IN EXECUTIVE ORDER 11491, AS AMENDED; AND IN MARCH 1973, THE
PETITIONER WAS CERTIFIED AS THE EXCLUSIVE REPRESENTATIVE OF A UNIT
WITHIN THE PENNSYLVANIA AIR NATIONAL GUARD CONSISTING OF ALL WAGE BOARD
AND GENERAL SCHEDULE AIR NATIONAL GUARD TECHNICIANS EMPLOYED IN THE
COMMONWEALTH OF PENNSYLVANIA, EXCLUDING ALL EMPLOYEES ENGAGED IN FEDERAL
PERSONNEL WORK IN OTHER THAN A PURELY CLERICAL CAPACITY, PROFESSIONAL
EMPLOYEES, MANAGEMENT OFFICIALS, SUPERVISORS AND GUARDS AS DEFINED IN
EXECUTIVE ORDER 11491, AS AMENDED.
/2/ IT IS NOT CLEAR FROM THE RECORD WHETHER SOME OF THE POSITIONS IN
QUESTION ARE FILLED OR VACANT. THE AUTHORITY WILL NOT MAKE ELIGIBILITY
DETERMINATIONS FOR VACANT POSITIONS. SEE DEPARTMENT OF THE TREASURY,
BUREAU OF THE MINT, U.S. MINT, DENVER, COLORADO, 6 FLRA NO. 17(1981),
AND CASES CITED THEREIN. TO THE EXTENT THAT OUR DETERMINATION MAY
AFFECT POSITIONS PRESENTLY VACANT, THE SUBJECT PETITIONS ARE HEREBY
DISMISSED.
THE PETITIONER, DURING THE COURSE OF THE HEARING, AND WITH THE
AGREEMENT OF THE ACTIVITY AND THE HEARING OFFICER, WITHDREW ITS REQUEST
THAT THE AUTHORITY CLARIFY ITS ARMY UNIT AS TO THE ONE INCUMBENT IN
POSITION NO. R0549000, GS-0301-09, PLANS AND OPERATIONS SPECIALIST, THE
TWO IN POSITION NO. R0586000, GS-0332-07, COMPUTER OPERATOR, AND THE ONE
IN POSITION NO. R7116000, GS-0301-08, COMMAND ADMINISTRATIVE SPECIALIST
ASSIGNED TO HEADQUARTERS, AS THE PARTIES AGREED THAT THEY ARE
SUPERVISORS WITHIN THE MEANING OF THE STATUTE AND SHOULD THEREFORE BE
EXCLUDED FROM THE EXCLUSIVELY RECOGNIZED UNIT. THEY ALSO AGREED THAT
THE OTHER TEN INCUMBENTS IN THE POSITION OF COMMAND ADMINISTRATIVE
SPECIALIST, POSITION NO. R7116000, GS-0301-08, ARE NOT SUPERVISORS AND
SHOULD BE INCLUDED IN THE UNIT. THE HEARING OFFICER RULED, IN EFFECT,
THAT THE PETITION SHOULD BE CONSIDERED AMENDED SO THAT THESE POSITIONS
ARE NOT BEFORE THE AUTHORITY FOR CONSIDERATION, AND THE AUTHORITY HEREBY
SPECIFICALLY ADOPTS THAT RULING. FURTHER, THE AUTHORITY FINDS THAT THE
PARTIES' STIPULATION AS TO THE DUTIES OF THE INCUMBENT IN POSITION NO.
F7010000, GS-0301-08, ADMINISTRATIVE TECHNICIAN IS INADEQUATE TO MAKE A
DETERMINATION AND DOES NOT PASS UPON THE BARGAINING UNIT STATUS OF THAT
POSITION.
/3/ SECTION 7103(A)(13) OF THE STATUTE DEFINES A "CONFIDENTIAL
EMPLOYEE" AS:
. . . AN EMPLOYEE WHO ACTS IN A CONFIDENTIAL CAPACITY WITH RESPECT TO
AN INDIVIDUAL WHO FORMULATES OR EFFECTUATES MANAGEMENT POLICIES IN THE
FIELD OF LABOR-MANAGEMENT RELATIONS(.)
/4/ SECTION 7112(B)(3) OF THE STATUTE PROVIDES THAT:
(B) A UNIT SHALL NOT BE DETERMINED TO BE APPROPRIATE UNDER THIS
SECTION . . . IF IT INCLUDES--
(3) AN EMPLOYEE ENGAGED IN PERSONNEL WORK IN OTHER THAN A PURELY
CLERICAL CAPACITY(.)
/5/ SECTION 7103(A)(10) AND (11) OF THE STATUTE PROVIDES THAT:
(10) 'SUPERVISOR' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY HAVING
AUTHORITY IN THE INTEREST OF THE AGENCY TO HIRE, DIRECT, ASSIGN,
PROMOTE, REWARD, TRANSFER, FURLOUGH, LAYOFF, RECALL, SUSPEND,
DISCIPLINE, OR REMOVE EMPLOYEES, TO ADJUST THEIR GRIEVANCES, OR TO
EFFECTIVELY RECOMMEND SUCH ACTION, IF THE EXERCISE OF THE AUTHORITY IS
NOT MERELY ROUTINE OR CLERICAL IN NATURE BUT REQUIRES THE CONSISTENT
EXERCISE OF INDEPENDENT JUDGMENT, EXCEPT THAT, WITH RESPECT TO ANY UNIT
WHICH INCLUDES FIREFIGHTERS OR NURSES, THE TERM 'SUPERVISOR' INCLUDES
ONLY THOSE INDIVIDUALS WHO DEVOTE A PREPONDERANCE OF THEIR EMPLOYMENT
TIME TO EXERCISING SUCH AUTHORITY;
(11) 'MANAGEMENT OFFICIAL' MEANS AN INDIVIDUAL EMPLOYED BY AN AGENCY
IN A POSITION THE DUTIES AND RESPONSIBILITIES OF WHICH REQUIRE OR
AUTHORIZE THE INDIVIDUAL TO FORMULATE, DETERMINE, OR INFLUENCE THE
POLICIES OF THE AGENCY(.)